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Analysis On The Legitimacy Of Administrative Regulation Of Online Car-hailing Service

Posted on:2018-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YinFull Text:PDF
GTID:2346330518484968Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The car-hailing platform send a single to meet the conditions of the driver by deal with the supply and demand informations,so as to meet the public travel needs,also called non-parade taxi services.Car-hailing service is New Traffic Network Information service.It can not simply be attributed to the traditional taxi industry plus Internet booking.This way give us a experience of sharing economy fast and economy.On the other hand,it also has a lot of legal issues to be solved urgently.such as information Network security,the tax system is not perfect,the management model is not perfect,and the traditional taxi group between the interests of the impact of some scholars claim that they should be stationary operation,Some scholars advocate forbidden it,But this is fundamentally contrary to the principle of free competition in the market.In fact,Institutional optimization can solve these problems.The regulation distinguish between taxi-hailing service and taxi service.This will not only alleviate the tension between the two interest groups and social negative emotions,but also effectively regulate the overall market price system.However,the regulation is the departmental rules and regulations,It should strictly abide by the provisions of the superior law,can not set the power outside the law.Therefore,according to the relevant provisions of the Legislation Law and the Administrative Licensing Law,this paper analyzes the legitimacy of the basic right of the administrative license right and the right of stipulation in the Interim Measures for the Administration of the Management of Taxi Operators.Around the implementation of the network about the implementation of the rules of the existing problems,and administrative legislation should follow the principle of the proposed network of vehicles to regulate the system in two directions: in legislation,strictly abide by the provisions of the legislative procedures,the abolition of discriminatory provisions.At the beginning of the establishment of the rules,the central administrative departments should conduct cost-benefit analysis,the implementation of the system should be implemented after the establishment of a dynamic policy evaluation mechanism,and gradually deregulation.The combination of public law means and private law means,from the purpose of achieving the balance of interests of all parties to achieve the effective allocation of the purpose of existing resources,with a view to the network booking taxi industry to contribute to the development of legitimate compliance.
Keywords/Search Tags:Car-hailing service, Administrative regulation, Administrative legislation, Administrative License
PDF Full Text Request
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